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HomeMy WebLinkAboutMinutes - City Council - Regular - 11/14/2002CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2002 7:30 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 14th day of November, 2002, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 7:30 A. M. 7:30 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Marc McDougal, Council Member Gary O. Boren; Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T.J. Patterson Absent: Council Member Hernandez CITIZEN COMMENTS Citizens expressing comments to the Council were: ( 1.) Kelly Hurst, Hurst Farm Supply, had asked to address City Council regarding BID #221-02/RS for farm equipment, but was not present. ( IA.) Carl Bagwell, 2601 — 241h Street, spoke to Council concerning his property. EXECUTIVE SESSION Mayor McDougal stated the Council would hold an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney; City Manager, City Secretary); to deliberate, vote and take final action on electric rates of Lubbock Power and Light (Electric Utilities); to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency (Electric Utilities); pending or contemplated litigation (Business & Neighborhood Development; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 7:41 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Hernandez. (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters (City Attorney; City Manager; City Secretary). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on the following competitive matters (Electric Utilities): to deliberate, vote and take final action on electric rates of Lubbock Power and Light; to discuss and deliberate a competitive matter regarding the strategies, goals, funding and strategic purpose of the City of Lubbock's relationship with and membership in the West Texas Municipal Power Agency. ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A), to discuss pending or contemplated litigation (Business & Neighborhood Development; Police Department; Water Utilities). Regular City Council Meeting November 14, 2002 Page 382 (5.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1), to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Citizens Advisory Committee & Subcommittees Emergency Communications District Board of Managers West Texas Municipal Power Agency (6.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072, to deliberate the purchase, exchange, lease, or value of real property (Water Utilities). 10:10 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council Member Alex "Ty" Cooke, Council Member Tom Martin, Council Member Frank W. Morrison, Council Member T. J. Patterson; Bob Cass, City Manager; Anita Burgess, City Attorney; and Rebecca Garza, City Secretary Absent: Council Member Hernandez Mayor McDougal called the meeting to order at 10:10 A. M. (7.) Invocation by Mr. Gabe Gillespie, Youth Minister, Vandelia Church of Christ (8.) Pledge of Allegiance was given in unison by those in the City Council Chambers to both the United States flag and the Texas flag. BOARD APPOINTMENTS RECOGNITION Civic Lubbock, Inc. Receiving: Dan Burns CITIZENS APPEARANCES (9.) Presentation of a Special Recognition and the Extra Mile Award — In Service to Those with Disabilities to Alison Chapa for her outstanding community service. The Community Relations Commission hosted the Extra Mile Awards on October 25, 2002. The Extra Mile Awards are given annually to recognize deserving people in Lubbock who exemplify the ideal of promoting respect and opportunity throughout our city. This year's Extra Mile Award winners are: Humanitarian —Individual: Vince Fell; Humanitarian — Business: CBI -George Campbell; In Service to the Aging Community: Mary Ann Johnson; In Service to Those with Disabilities: Alison Chapa; In Service to Those with Disabilities: Sue Ann Hansford; and Women Who Volunteer: Jackie Williams. Ms. Alison Chapa was unable to attend the Awards Banquet, but was present today to accept her award and special recognition for her service to people in our community with disabilities. Alison is a Pediatric Occupational Therapist for children with disabilities, volunteers with the Open Arms Ministry for Children with Physical Disabilities, and is a member of the Caprock Ambucs. Because of her compassion for children, she initiated the HUB City Playground Project — a new playground opening in 2003 in Maxey Park to serve the physically challenged in the community. Also present was Susan Poff, a member of Community Relations Commission. The first item considered was Item 46. 382 Regular City Council Meeting November 14, 2002 Page 383 CONSENT AGENDA (Nos. 10-38) These items were considered following Item 46. Motion was made by Council Member Patterson, seconded by Council Member Cooke to approve Item Nos. 10-38 on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (10.) Approval of Minutes: October 10, 2002 Regular City Council Meeting October 24, 2002 Regular City Council Meeting (11.) ORDINANCE #2002-00112—Amending Article III of Chapter 6 of the Code of Ordinances of the City of Lubbock with regard to adopting the 2000 Edition of the International Energy Conservation Code and providing for certain amendments to such code in order to meet local conditions (second and final reading). ORDINANCE NO.2002-00112 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE AND PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) ORDINANCE #2002-00113—Amending Article VI of Chapter 6 of the Code of Ordinances of the City of Lubbock by adding Chapter 11 of the 2000 Edition of the International Residential Code with regards to the energy efficiency and establishing a board of appeals and providing for certain amendments in order to meet local conditions (second and final reading). ORDINANCE NO.2002-00113 AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING CHAPTER 11 OF THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE WITH REGARDS TO THE ENERGY EFFICIENCY AND ESTABLISHING A BOARD OF APPEALS AND PROVIDING FOR CERTAIN AMENDMENTS IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. THIS ORDINANCE SHALL TAKE PRECEDENT OVER ALL OTHER PORTIONS OF CHAPTER 6 IN REGARD TO ONE AND TWO FAMILY DWELLINGS EXCEPT FOR THE ADMINISTRATIVE PROVISIONS. (13.) ORDINANCE #2002-00114—Amending Article XVII of Chapter 2 of the Code of Ordinances of the City of Lubbock with regard to the duties of the Building Official; amending Article V of Chapter 6 with regard to adopting the 2002 Edition of the National Electrical Code; establishing fees; providing for certain amendments to such code in order to meet local conditions (second and final reading). ORDINANCE NO. 2002-00114 AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DUTIES OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTING THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE; ESTABLISHING FEES; PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 383 Regular City Council Meeting November 14, 2002 Page 384 (14.) ORDINANCE #2002-00115—Amending Section 16-175.1 of the Code of Ordinances of the City of Lubbock regarding speed limits (second and final reading). ORDINANCE NO. 2002-00115 AN ORDINANCE AMENDING SECTION 16-175.1 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE ESTABLISHMENT OF SPEED LIMITS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. (15.) ORDINANCE #2002-00116—Abandoning and closing a drainage easement in Tract 1, Jarvis -Williamson Addition to the City, of Lubbock (6201 Martin Luther King, Jr., Boulevard) (second and final reading). ORDINANCE NO.2002-00116 AN ORDINANCE ABANDONING AND CLOSING A DRAINAGE EASEMENT LOCATED IN TRACT 1, JARVIS-WILLIAMSON ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (16.) ORDINANCE #2002-00117—ZONE CASE NO.2949 (102 FM 2641): Request of Ernesto and Reyes Cantu for a zoning change from R-1 to C-2 on the east 173.17 feet of Block 5, Teal Addition (second and final reading). ORDINANCE NO. 2002-00117 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2949; A ZONING CHANGE FROM R-1 TO C-2 ZONING ON THE EAST 173.17 FEET OF BLOCK 5, TEAL ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (17.) ORDINANCE #2002-00118—ZONE CASE NO. 1153-M (5211 Brownfield Highway): Request of CoNetrix/Marvin Crossnoe (for City Bank/Cory Newsom) for a zoning change from IHC to IHC Specific Use for a 190-foot communications tower on Tract 2 of Lot C, Security Park Development Addition (second and final reading). ORDINANCE NO. 2002-00118 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1153-M; A ZONING CHANGE FROM IHC TO IHC SPECIFIC USE FOR A 190 FOOT COMMUNICATIONS TOWER, ZONING ON TRACT 2 OF LOT C, SECURITY PARK DEVELOPMENT ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (18.) ORDINANCE #2002-00119—ZONE CASE NO. 1834-B (northeast corner of Frankford Avenue and Erskine Street): Request of Hugo Reed & Associates (for Lieven Van Riet) for a zoning change from C-2 and A-1 to R-2 and C-2 on an unplatted 2.15-acre tract of land (proposed C-2) and an unplatted 6.37-acre tract of land (proposed R-2) out of Section 6, Block J-5 (second and final reading). ORDINANCE NO. 2002-00119 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 1834-B; A ZONING CHANGE FROM C-2 AND A-1 TO R-2 AND C-2 ZONING ON AN UNPLATTED 2.15-ACRE TRACT OF LAND AND AN UNPLATTED 6.37-ACRE TRACT OF LAND OUT OF SECTION 6, Regular City Council Meeting November 14, 2002 Page 385 BLOCK J-5, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (19.) ORDINANCE #2002-00120—ZONE CASE NO. 2950 (south of Erskine Street and east of Chicago Avenue): Request of Hugo Reed and Associates, Inc. (for Erdon Development) for a zoning change from R-1 to R-2 Specific Use for duplexes with 20-foot front setbacks, 5-foot front setbacks, on cul-de-sac lots, and 5-foot side setbacks on corner lots on an unplatted 25.9-acre tract of land out of Section 1, Block J-S (second and final reading). ORDINANCE NO. 2002-00120 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2950; A ZONING CHANGE FROM R-1 TO R-2 SPECIFIC USE ZONING FOR DUPLEXES, ON AN UNPLATTED 25.9-ACRE TRACT OF LAND OUT OF SECTION 1, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (20.) ORDINANCE #2002-00121—ZONE CASE NO. 2951 (southeast corner of 1091h Street and Frankford Avenue): Request of Hugo Reed and Associates, Inc. (for Rothwell Development, Ltd.) for a zoning change from T to A-2 limited to church and church -related uses on an unplatted 31.3-acre tract out of Section 21, Block AR (second and final reading). ORDINANCE NO.2002-00121 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2951; A ZONING CHANGE FROM T TO A-2 ZONING LIMITED TO CHURCH USES,ON AN UNPLATTED 31.3-ACRE TRACT OF LAND OUT OF SECTION 21, BLOCK AK, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. (21.) Ordinance No. 2002-00124 abandoning and closing a 20-foot alley in Block 228, Original Town Addition to the City of Lubbock (1110 19" Street) (first reading). ORDINANCE NO. 2002-00124 AN ORDINANCE ABANDONING AND CLOSING A 20-FOOT ALLEY LOCATED IN BLOCK 228, ORIGINAL TOWN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes a 20-foot alley in Block 228 of the Original Town Addition for Alderson Cadillac. This alley is located south of 181h Street, north of 19th Street, and between Avenue J and Avenue K. The alley is being closed for replat and building expansion purposes. Alderson Cadillac will be charged for this alley and the charge will be as follows: 6,124 square feet X $2.00 per square foot = $12,248 X 50% (alley will remain as an easement) = $6,124. All utilities and City Departments are in agreement with this closure. Right -of -Way Department recommended approval of the first reading of this ordinance. (22.) Resolution No. 2002-RO477 authorizing the Mayor to execute a monitor well permit with Ince Oil Company for a street right-of-way monitor well (6702 19th Street). 385 Regular City Council Meeting November 14, 2002 Page 386 RESOLUTION NO.2002-RO477 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Rip Griffin Truck Service Center, Inc. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2002-R0477. This monitor well permit allows Llano -Permian Environmental to drill a ground water monitor well in City street right-of-way. This well is located north of 19th Street approximately 130-feet in the west right-of-way of Oakridge Avenue (west of Milwaukee Avenue). The former Ince Oil Company station at 6606 19th Street had a subsurface hydrocarbon contamination and TCEQ requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. Right -of -Way Department recommended approval of this resolution. (23.) Resolution No. 2002-RO478 authorizing the Mayor to execute a monitor well permit with Rip Griffin Truck Service Center, Inc., for a street right-of-way monitor well (1914 Avenue G). RESOLUTION NO.2002-RO478 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor Well Permit, with associated documents, between the City of Lubbock and Rip Griffin Truck Service Center, Inc. Said agreements are attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Regular City Council Meeting November 14, 2002 Page 387 Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda Chamales Supervising Attorney/Office Practice A copy of the Agreements is filed with Resolution No. 2002-R0478. This monitor well permit allows Daniel B. Stephen & Associates, Inc. to drill a ground water monitor well in City street right-of-way. This well is located at 19`h & Avenue G, 146.5 feet south of the curb on 19`h Street in the west right-of-way of Avenue G. The former Scoggin-Dickey Buick car dealership at 1919 Texas Avenue had a subsurface hydrocarbon contamination and TCEQ requested that they go off site with a monitor well in addition to what they have already drilled on their property. This permit is for 20 years, payable every 5 years in advance. All utilities are in agreement and the City will receive $100 per year for this monitor well location. Right -of -Way Department recommended approval of this resolution. (24.) Resolution No. 2002-RO479 authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock a Community Development Funding Contract and all related documents between the City of Lubbock and the Lubbock Heritage Society from the Community Development Block Grant. RESOLUTION NO. 2002-RO479 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Community Development Funding Contract, by and between the City of Lubbock and Lubbock Heritage Society for preservation of a Historical Home from the Community Development Block Grant Program and all related documents. Said Agreements is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 387 Regular City Council Meeting November 14, 2002 Page 388 APPROVED AS TO CONTENT: /s/ Nancy Haney Nancy Haney Community Development Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0479. Grantee: Lubbock Heritage Society Program: Legacy House (Historical Preservation/Housing Rehab.) Funding Source: 2002-2003 Community Development Block Grant Use of Funds: Funds will be used to preserve a Historical Home by moving it to a lot owned by the Society, renovating the home, and selling it to a low to moderate -income family. The renovation will preserve the historical aspects of the home. Amount: $70,000 Match: 25% Return of Investment: Heritage Society will deed the property to Community Development upon completion of the renovation to sell to a low to moderate -income family. Sale proceeds will return to Community Development. Terms: October 1, 2002 through September 30, 2003 Comments: Funding for this contract was approved by City Council at the June 27, 2002 City Council meeting. The contract is available for review in the City Secretary's Office. Community Development recommended approval of this resolution. (25.) Resolution No. 2002-RO480 authorizing the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock an agreement with the High Plains Underground Water Conservation District (HPUWCD) to participate in the Central Business District Tax Increment Finance Reinvestment Zone (TIF). RESOLUTION NO.2002-RO480 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the High Plains Underground Water Conservation District to participate in the Central Business District Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting November 14, 2002 Page 389 APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0480. Staff has made presentations explaining the benefits of the Central Business District TIF to all of the participating taxing entities. The Interlocal Agreement illustrates HPUWCD's desire to participate at 100% for twenty years in the Central Business District TIF Reinvestment Zone. Staff recommended approval of this resolution. (26.) Resolution No. 2002-RO481 authorizing the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock an agreement with Lubbock County to participate in the Central Business District Tax Increment Finance Reinvestment Zone (TIF). RESOLUTION NO. 2002-RO481 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the Lubbock County to participate in the Lubbock Central Business District Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-RO481. Staff has made presentations explaining the benefits of the Central Business District TIF to all of the participating taxing entities. The Interlocal Agreement illustrates Lubbock County's desire to participate at 100% for twenty years in the Central Business District TIF Reinvestment Zone. Staff recommended approval of this resolution. RM Regular City Council Meeting November 14, 2002 Page 390 (27.) Resolution No. 2002-RO482 authorizing the Mayor of the City of Lubbock to execute for and on behalf of the City of Lubbock an agreement with the Hospital District to participate in the Central Business District Tax Increment Finance Reinvestment Zone (TIF). RESOLUTION NO.2002-RO482 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with the Hospital District to participate in the Lubbock Central Business District Tax Increment Finance Reinvestment Zone. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Craig Farmer Craig Farmer, Director of Planning APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney Office Practice Section A copy of the Agreement is filed with Resolution No. 2002-R0482. Staff has made presentations explaining the benefits of the Central Business District TIF to all of the participating taxing entities. The Interlocal Agreement illustrates the Hospital District's desire to participate at 100% for twenty years in the Central Business District TIF Reinvestment Zone. Staff recommended approval of this resolution. (28.) Resolution No. 2002-RO483 to update prevailing wage rates for locally funded public works contracts. RESOLUTION NO.2002-RO483 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann. Civ. Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, further updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution No. 5721 enacted March 14, 1996, amended by Resolution No. 6138 enacted December 16, 1998; and further updated by Resolution No. 6262 enacted April 8, 1999; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 390 Regular City Council Meeting November 14, 2002 Page 391 THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C: Overtime Rate Exhibit D: Legal Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Mary House Mary House, Managing Director of Human Resources APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Exhibits is filed with Resolution No. 2002-R0483. State law requires that the City Council establish general prevailing wage rates for public works contracts funded with local funds. Prevailing wage rates were established by the City Council in 1981, and were updated in 1984, 1987, 1996 and 1999. The Human Resources Department mailed survey questionnaires to 132 local contractors and/or labor organizations. Questionnaires with salary information were received from 33 respondents. The number of questionnaires that were returned is consistent with previous surveys. Local wage information was compared with similar data prepared by the U.S. Department of Labor. Preliminary local wage rates were prepared by Human Resources staff and jointly reviewed with staff from the Facilities Management, Street, and Purchasing departments. The changes that these departments recommended were incorporated into the proposed rates. The Facilities Management and Streets Departments administer the majority of contracts subject to these local wage rates. The proposed prevailing wage rates must be included in City bids and contracts for public works projects that are not federally funded. Each wage rate is the minimum rate that a contractor must pay to an employee in that particular job. Contractors are free to pay wages above these rates. The proposed prevailing wage rates schedules were presented in Council back up. Staff recommended approval of this resolution. 391 Regular City Council Meeting November 14, 2002 Page 392 (29.) Resolution No. 2002-RO484 authorizing the Mayor to execute for and on behalf of the City of Lubbock a Contract Amendment #1 for AE Services with Parkhill, Smith & Cooper, Inc. for Police Department renovations Phase III-B and the Municipal Courts renovations Phase II. RESOLUTION NO.2002-RO484 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the Contract for AE Services for Police Department Renovations Phase III-B and the Municipal Courts Renovations Phase II, between the City of Lubbock and Parkhill, Smith & Cooper, Inc. of Lubbock, Texas, and related documents. Said Amendment No. 1 is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harland D. Stauffer 11 /01 /02 Harlan D. Stauffer, Facilities Manager APPROVED AS TO FORM: /s/ John Knight John Knight, Assistant City Attorney A copy of Amendment No.I is filed with Resolution No. 2002-R0484. A resolution was approved on June 25, 1998 by City Council to execute an Architectural Services Agreement with Parkhill, Smith & Cooper, Inc. for the Municipal Square Building Survey and Record Plan CADD format, Master Planning Services and Architectural and Engineering Services for Phase I Renovations of the Police Department. The original contract amount was $116,111. This next phase of the Municipal Square renovations will involve the development of plans and specification for Revised Master Plan and Programmatic Review of the facility. Since the original master plan was developed, verification is required to determine if the original plan is still valid. The plans and specifications will be developed for the Police Department Investigation Division. This area was vacated when the Police Administration relocated to their new area. Also included with this Amendment will be the development of the plans and specifications for the Crimes against Persons Division. The renovations for this division will be where the Parks and LP&L Engineering Departments vacated. The last plans and specifications developed under this amendment will be the next Phase of the Municipal Courts Renovations. This first floor courtroom will be renovated to accommodate the Teen Court staff. 392 Regular City Council Meeting November 14, 2002 Page 393 The total proposed fees for this amendment for the next phase of plans and specification development for the Municipal Square Renovations is $127,473. Facilities Management, the Police Department and the Municipal Court Judge all recommended approval of the Service Contract Amendment One submitted by Parkhill, Smith & Cooper, Inc. This recommendation is based on past work experience and the extensive knowledge Parkhill, Smith & Cooper, Inc. has on this facility. (30.) Resolution No. 2002-RO485 authorizing the Mayor to execute an Interlocal Agreement with Lubbock Independent School District and Lubbock County for support of the Specialized Treatment and Rehabilitation (STAR) program. RESOLUTION NO.2002-RO485 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for the Specialized Treatment and Rehabilitation (STAR) project, by and between the City of Lubbock, Lubbock Independent School District, and Lubbock County, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Harold Dominguez Harold Dominguez Assistant to the City Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Agreement is filed with Resolution No. 2002-R0485. In 1994-95, the City Council entered into an agreement with the Lubbock Independent School District (LISD) and Lubbock County to jointly fund the Specialized Treatment and Rehabilitation (STAR) Program. The original agreement expired in September 1998, and the City has subsequently signed a new contract each year since the expiration of the original contract. The STAR program is a cooperative venture of LISD, the City of Lubbock, and the Lubbock County Youth Center. STAR is a progressive disciplinary and alternative education program for Lubbock County youth. There is not a State mandate that requires LISD or the County to operate a STAR program. However, the 1995 HB 1 mandates that the County provide the Juvenile Justice Alternative Education Program (JJAEP) for juveniles that commit felonies. The Texas Education Agency mandates Project Intercept and JJAEP for school districts. 393 Regular City Council Meeting November 14, 2002 Page 394 The STAR Program consists of four levels of disciplinary action (STAR I - IV). • STAR I is a one -day, 13-hour program. Referrals to this program can come from Municipal Court, Justice of the Peace, or the school district. *STAR I will be abolished at the beginning of the next fiscal year. • STAR II is a two -week, 6-days a week, program which, includes eight hours of community service on the weekend. Referrals may come from Justice of the Peace, Municipal Court, or the school district. • STAR III is a six -week program, with six weeks of aftercare, which includes contact with the juvenile twice a week. Community service is required during the program and during the aftercare. Referrals may come from Municipal Court, Justice of the Peace, or the school district. However, they primarily come from the school district and the various County agencies. • STAR IV is a twelve -week program, with twelve weeks of aftercare, which includes contact with the juvenile twice a week. STAR IV is used in lieu of LCJJC or TYC. Referrals for this program come from District Court. STAR Referrals Overall, there are 344 juveniles in the STAR Program. Of the 344 juveniles, 40% are referred by the school district, 30% are referred by Municipal Court, the County refers 23%, and 7% are referred by District Court. Completion and Recidivism Rates The STAR Program has an 86% completion rate. The recidivism rate is 19%, while 81 % have no further offenses reported. Performance Measures Quarterly performance statistics will be provided to the city staff for evaluation. City staff and the STAR representatives have developed performance measures that will more accurately assess the effectiveness of the program. Cost of STAR Program The contract states that the City, LISD, and the County will each contribute $132,372, less one-third of the 2002 STAR Program fund balance. However, since LISD and the County signed the contract, the County is estimating that the actual cost for each entity will be $129,594.34, less one-third of the fund balance. The fund balance for fiscal year 2001-2002 is $73,103, which means that the City's portion of the program is $105,226.67. The STAR administration must replace a passenger van and they have requested to use a portion of the fund balance to replace the van. Therefore, the City's portion of the STAR program would be $114,000. Staff recommended funding for this fiscal year and allowing STAR staff to replace the passenger van. Currently, the condition of the van is posing a safety hazard for staff and the program participants. Staff budgeted $121,000 for the STAR program and would realize a $7,000 savings. (31.) Resolution No. 2002-R0486 authorizing the Mayor to ratify the City Manager's approval of the West Texas Municipal Power Agency letter agreement regarding taking custody of their documents for audit purposes. 394 Regular City Council Meeting November 14, 2002 Page 395 RESOLUTION NO.2002-RO486 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to ratify the City Manager's approval of the West Texas Municipal Power Agency's letter agreement with regard to the City of Lubbock's assumption of custody of the West Texas Municipal Power Agency's documents for purposes of conducting an audit. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0486. The West Texas Municipal Power Agency passed a resolution authorizing the City of Lubbock to have custody of West Texas Municipal Power Agency documentation in order to conduct an audit. The City Manager has signed the agreement in order to expedite the audit and this action will ratify the City Manager's acceptance of the West Texas Municipal Power Agency documents. The West Texas Municipal Power Agency will continue to have access to the documents as needed, and the City of Lubbock will ensure that the documents are safeguarded. The City Manager recommended approval of this resolution. (32.) Resolution No. 2002-R0487/BID #205-02/RS—for Refuse Trucks (Fleet Services). RESOLUTION NO.2002-RO487 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for refuse trucks, by and between the City of Lubbock and Lubbock Truck Sales of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 395 Regular City Council Meeting November 14, 2002 Page 396 Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0487. This bid is for the purchase of seven 33-cubic yards side loading packer bodies mounted on a three -axle truck cab and chassis and one roll off container frame assembly mounted on a three -axle truck cab and chassis. These trucks will be used by the Solid Waste Department. The replacement of these trucks should reduce the maintenance costs that are involved in maintaining the older trucks. Five of Item 1 shown on the tab sheet in council back up include an extended warranty and two include an extended warranty, an auxiliary axle, auxiliary axle tires, and an on -board scale. The low bid for all items is $962,455 from Lubbock Truck Sales, Inc. of Lubbock, Texas and is within the Capital Outlay -Heavy Equipment Replacement budget. (33.) Resolution No. 2002-R0488/BID #208-02/RS—for Street Sweeper (Fleet Services). RESOLUTION NO.2002-RO488 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a street sweeper, by and between the City of Lubbock and Tejas Municipal Supply, Inc. of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 396 Regular City Council Meeting November 14, 2002 Page 397 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0488. This bid is for the purchase of two four-wheel high dump street sweepers for the Street Department. The replacement of this equipment should eliminate the maintenance costs that are involved in maintaining the older equipment. The low bid is $283,236 from Tejas Municipal Supply Inc. of Houston, Texas and is within the Capital Outlay -Heavy Equipment Replacement budget. (34.) Resolution No. 2002-R0489/BID #211-02/RS—for Animal Collection Vehicle Control Cages (Fleet Services). RESOLUTION NO.2002-RO489 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for animal collection vehicle control cages, by and between the City of Lubbock and Mavron, Inc. of Warsaw, Indiana and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCD DUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/ Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0489. This bid is for the purchase of three sets of animal control cages to be installed in vans for the Animal Services Department. The low bid is $32,475 from Mavron, Inc. of Warsaw, Indiana and is within the Capital Outlay -General Fund Vehicle Replacement budget. 397 Regular City Council Meeting November 14, 2002 Page 398 (35.) Resolution No. 2002-110490/13I1) #220-02/RS—for Lubbock Power and Light Engineering Facility Roof Renovations (Facilities Management). RESOLUTION NO.2002-RO490 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for Lubbock Power and Light engineering facility roof renovations, by and between the City of Lubbock and Hamilton Roofing of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/ Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 14th day of November, 2002, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Marc McDougal, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and HAMILTON ROOFING COMPANY, of the City of LUBBOCK, County of LUBBOCK, and the State of Texas, herein termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #220-02/RS - LP&L ENGINEERING FACILITY ROOF RENOVATION - - $32,729.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the _ contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to Regular City Council Meeting November 14, 2002 Page 399 additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS (OWNER) HAMILTON ROOFING COMPANY By: Marc McDougal By: /s/ Louis W. Howell, II Mayor PRINTED NAME: Louis W. Howell, II ATTEST: TITLE: Vice President /s/ Rebecca Garza COMPLETE ADDRESS: HAMILTON ROOFING COMPANY P. O. Box 2703 APPROVED AS TO CONTENT: Lubbock, TX 79408 /s/ Harlan D. Stauffeur ATTEST: Owner's Representative Monte Chitwood APPROVED AS TO FORM: Corporate Secretary /s/ Don Vandiver City Attorney This project involves the removal of the existing built-up roof system at the newly remodeled LP&L Engineering Facility located at the Municipal Hill Complex. A new modified roof system will be installed. The existing roofing system has numerous leaks and has outlived its useful life. The low bid is $32,729 from Hamilton Roofing Company of Lubbock, Texas and is within the Building Capital Outlay -Remodel Facility - Engineering Section budget. (36.) Resolution No. 2002-R0491; Resolution No. 2002-R0492; Resolution No. 2002-R0493; and Resolution No. 2002-R0494/BID #221-02/RS— for Farm and Heavy Equipment (Fleet Services). RESOLUTION NO.2002-RO491 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for farm and heavy equipment, by and between the City of Lubbock and Abilene New Holland of Abilene, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager 399 Regular City Council Meeting November 14, 2002 Page 400 APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/ Attorney A copy of the Purchase Order is filed with Resolution No. 2002-RO491. RESOLUTION NO.2002-RO492 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for farm and heavy equipment, by and between the City of Lubbock and Hurst Farm Supply of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/ Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0492. RESOLUTION NO.2002-RO493 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for farm and heavy equipment, by and between the City of Lubbock and Scott Tractor & Equipment Company of Lubbock, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary Regular City Council Meeting November 14, 2002 Page 401 APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/ Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0493. RESOLUTION NO. 2002-RO494 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for farm and heavy equipment, by and between the City of Lubbock and JMS Equipment Company of Plainview, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0494. This bid is for the purchase of two round balers, two 125 horsepower motor graders, one pull type scraper, one 102 horsepower tractor, one 375 horsepower tractor, one 125 horsepower tractor with extended warranty, and one self-propelled swather for the Land Application Site. Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within 3% of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock, if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and 401 Regular City Council Meeting November 14, 2002 Page 402 additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration of the location of the bidder's principal place of business for bid award, bidders are required to submit an Affidavit of Eligibility. The $208,660 bid from Scott Tractor & Equipment of Lubbock, Texas for four 125 HP Tractors (Bid Item #6 shown on the tab sheet) is within 3% ($2,660 or 1.3%) of the low bid from a nonresident bidder and included an Affidavit of Eligibility (included in Council backup). Note that the staff is not recommending awarding the bid to Scott Tractor & Equipment as a result of their falling within the 3% threshold. Staff is, however, recommending the award of a portion of the bid to Scott Tractor & Equipment due to the fact that their "all or nothing" bid on items 5, 6 and 7 are less than the total of the three low bids from other vendors for those same items. Hurst Farm Supply submitted a bid using a Lubbock address that is outside the city limits and their bid did not include a completed Affidavit of Eligibility. The $43,963.24 bid from Hurst Farm Supply for Bid Item #1 is $1,811.24 (or 4.3%) higher than the low bid from a nonresident bidder. Consequently, Hurst Farm Supply's bid for Bid Item #1 does not meet the statutory requirement for consideration of location of a bidder's principal place of business because 1) their principal place of business is not in the City of Lubbock and 2) their bid is not within 3% of the low bid from the nonresident bidder. However, Hurst Farm Supply would like for Council to consider awarding this bid item based on best value. If the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality. In determining best value, the City may consider: 1) the purchase price; 2) the reputation of the bidder and of the bidder's goods or services; 3) the quality of the bidder's goods or services; 4) the extent to which the goods or services meet the municipality's needs; 5) the bidder's past relationship with the municipality; 6) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) the total long-term cost to the municipality to acquire the bidder's goods or services; and 8) any relevant criteria specifically listed in the request for bids or proposals. Hurst Farm Supply took an exception to the bid specification for Bid Item #1. They offered a roller belt with a splice joint in lieu of the "endless" design specified. According to the using department, the impact of a belt with a splice joint may be adverse to the longevity of operation of this equipment. Staff respectively disagrees with Hurst's position on this item, but would point out that staff is recommending their product on item 3 as it is low bid and meets specs. The low bids are from the following companies: Scott Tractor & Equipment of Lubbock, Texas $370,055.62 Abilene New Holland, Ltd. of Abilene, Texas $256,623.00 JMS Equipment Company of Plainview, Texas $ 42,152.00 402 Regular City Council Meeting November 14, 2002 Page 403 Hurst Farm Supply of Lubbock, Texas $ 31,159.25 The low bids total $699,989.87 and are within the Land Application -Rent - Lease Machinery Equipment budget. (37.) Resolution No. 2002-110495/13I1) #223-02/RS—for Mobile Vacuum Oil Regeneration System (Electric Distribution). RESOLUTION NO. 2002-RO495 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for a mobile vacuum oil regeneration system, by and between the City of Lubbock and Ryan Sales & Engineering c/o Enervac Corporation of Woodlands, Texas and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of November, 2002. IS/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Purchase Order is filed with Resolution No. 2002-R0495. This bid is for the purchase of a mobile vacuum oil regeneration system that will clean and de -gasify the substation transformer oils. Lubbock Power & Light personnel will be cleaning and degasifying the substation transformer oils, thus eliminating the high costs of outside contracting. By having a regenerative clay system, the unit will be capable of being used numerous cycles before the clay must be disposed. The regenerative system produces disposable clay that is environmentally friendly. The low bid is $197,621 from Ryan Sales & Engineering of Woodland, Texas and is within the Capital Outlay -De -Gasification Unit budget. (38.) Resolution No. 2002-R0496/BID #242-02/BM—for Installation of Forty -Eight Inch Bore Under State Highway 84 and BNSF Railroad (Public Works). RESOLUTION NO.2002-RO496 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract to install a forty-eight inch bore under State Highway 84 and BNSF Railroad, by and between the City of Lubbock and Jack's Roadboring Pipeline Construction, Inc. of Snyder, Texas and ..I Regular City Council Meeting November 14, 2002 Page 404 related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William de Haas William de Haas Contract Manager/Attorney A copy of the Contract is filed with Resolution No. 2002-R0496. This bid is for the construction of a bore under State Highway 84 and the BNSF Railroad approximately two miles southeast of the city. The bore is necessary to complete the expansion of the effluent water distribution system from the City of Lubbock Southeast Water Reclamation Plant. This bore is required in order to install an effluent pipeline and to connect it to the existing stream discharge pipeline. The connection will help achieve Texas Commission on Environmental Quality (TCEQ formerly TNRCC) compliance for water discharge to the Lubbock and Hancock Land Application Sites and is necessary for stream discharge. The current method of discharge to the Land Application Sites needs to be supplemented with stream discharge due to permit requirements, increased nitrate concentrations in the groundwater at the Lubbock Land Application Site, and the estimated increase in volume of discharge. The Ogallala Aquifer, under the Land Application Site, has exceeded safe water standards in certain areas and, consequently constitutes a threat to the health and safety of employees and citizens. This project was bid as an emergency and these improvements will reduce the land application of effluent water at the above -mentioned sites. The low bid is $140,000 from Jack's Roadboring Pipeline Construction, Inc. of Snyder, Texas and is within the Installation of Bore Under State Highway 84 and BNSF Railroad budget. Staff recommended award of each bid to the bidder as indicated on the tab sheets and award of each contract as shown on the resolutions and that the Mayor be authorized to execute all documents necessary for each transaction. ORDINANCES FOR PASSAGE Second Reading (39.) ORDINANCE #2002-00122—ZONE CASE NO. 2952 (north of Erskine Street and east of Slide Road): Request of Burl Masters (for McDougal Construction) for a zoning change from R-1 to C-2, C-3, A-2, R-2, and R-1 Specific Use for townhouses on an unplatted 106- acre tract of land out of Section 5, Block J-S (second and final reading). M Regular City Council Meeting November 14, 2002 Page 405 ORDINANCE NO.2002-00122 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2952; A ZONING CHANGE FROM R-I TO C-2, C-3, A-2, A-1, R-2, and R-I SPECIFIC USE ZONING ON AN UNPLATTED 106-ACRE TRACT OF LAND OUT OF SECTION 5, BLOCK J-S, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Martin, seconded by Council Member Cooke to pass on second and final reading Ordinance No. 2002-00122 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Mayor McDougal recused himself. (40.) ORDINANCE #2002-00123—Authorizing the Mayor to amend Section 2-3 of the Code of Ordinances of the City of Lubbock with regard to reinstating the Office of City Treasurer; discontinuing the office of City Secretary -City "Treasurer; providing that financial duties of the discontinued office shall be performed by the City Treasurer and not the City's Director of Finance; and providing that the secretarial duties shall continue to be provided by the Office of the City Secretary (second and final reading). ORDINANCE NO.2002-00123 AN ORDINANCE AMENDING SECTION 2-3 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO REINSTATING THE OFFICE OF CITY TREASURER; DISCONTINUING THE OFFICE OF CITY SECRETARY -TREASURER; PROVIDING THAT FINANCIAL DUTIES OF THE DISCONTINUED OFFICE SHALL BE PERFORMED BY A CITY TREASURER AND NOT THE CITY'S DIRECTOR OF FINANCE; PROVIDING THAT THE SECRETARIAL DUTIES OF THE DISCONTINUED OFFICE SHALL BE CONTINUED TO BE PERFORMED BY THE CITY SECRETARY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Council Member Boren, seconded by Council Member Martin to pass on second and final reading Ordinance No. 2002-00123 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. DEVELOPMENT SERVICES Aviation (41.) Resolution No. 2002-RO497 authorizing the Mayor to execute a lease agreement between the City of Lubbock and Coachella Valley Aviation, Inc. for office space at Lubbock International Airport. RESOLUTION NO. 2002-RO497 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of Lubbock and the Coachella Valley Aviation, Inc. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary 11[IR Regular City Council Meeting November 14, 2002 Page 406 APPROVED AS TO CONTENT: Mark Earle Mark Earle, Director of Aviation APPROVED AS TO FORM: /s/ Amv L. Sims Amy L. Sims, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 2002-R0497. Coachella Valley Aviation, Inc. is an aviation concern involved in aircraft refurbishment, charter services, and fractional aircraft ownership. The company is requesting to lease 768 square feet of improved office space at the former Airways Facilities (AFS) building on the west side of Lubbock International Airport for use as administrative offices. The lease has an initial term of six months and may continue thereafter on a month -to - month basis for a period of up to one year. The monthly rent to the City for the leased premises will be $576 (equaling $6,912 per year). Mark Earle, Director of Aviation, gave staff comments. The Airport Board and staff recommended approval of this resolution Motion was made by Council Member Martin, seconded by Council Member Cooke to pass Resolution No. 2002-RO497 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Business Development (42.) Resolution No. 2002-RO498 giving Notice of Intent to enter into a tax abatement agreement with Frito Lay. RESOLUTION NO.2002-RO498 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Frito Lay; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with Frito Lay, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on properties located at 3203 Avenue B (3302 Avenue A, 211 291h Street, 3206 Avenue A, 3104 Avenue A), 3102 Avenue B, 210 31" Street, 212 31st Street, 208 31", 206 31" Street, 225 301h Street, 221 30th Street, 219 30th Street and 213 30th Street in the City of Lubbock, Lubbock County, Texas and which is further described as Tract A, E & D Burlington Industrial Addition; Tract B and South 59.89' of Tract C Burlington Industrial Addition; Mid 120' of Tract C Burlington Industrial Addition; Tract A Ruffles Addition; Lots One (1), Two (2), Three (3) & Four (4) J C Brown Addition; and Block B Section 7 AB94 Tract F1, Tract C3A, Tract C313, and Tract C31); City of Lubbock, Lubbock County, Texas. U1: Regular City Council Meeting November 14, 2002 Page 407 Passed by the City Council this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Notice is filed with Resolution No. 2002-R0498. The City of Lubbock received an application for industrial tax abatement from Frito Lay to expand and modernize their facility at 3203 Avenue B. The facility is not located inside an Enterprise Zone, but the City Council has created a Reinvestment Zone at the location of the existing plant. The second reading of the ordinance creating the Frito Lay Reinvestment Zone was approved at the October 24, 2002 City Council meeting. The project for Frito Lay consists of the modernization and expansion of the existing facility. The expected investment in the facility and equipment is approximately $6.5 million. Since some of the projects are internal, real property value is expected to increase an estimated $2 million as a result of the proposed capital projects. Frito Lay will not increase their employment at this time, but will maintain the 305 employees currently at the facility. The annual payroll for the existing employees is $9.7 million. The average wage of the employees at Frito Lay is approximately $32,000. The project meets the Industrial Tax Abatement Policy and Guidelines minimum of $500,000 investment in real estate improvements for an existing company. Market Lubbock considered this application at its October 16, 2002 Board Meeting and has recommended a 10 year, declining scale tax abatement (example: 1st year 100%, 2nd year 90%, etc.) for the project. The abatement amount for the City of Lubbock is approximately (based on expected increase in real property value of $2 million): Year 1 100% $11,400 Year 6 50% K$5,:7:0:0� Year 2 90% $10,260 Year 7 40% $ 4,560 Year 3 80% $ 9,120 Year 8 30% $ 3,420 Year 4 70% $ 7,980 Year 9 20% $ 2,280 Year 5 60% $ 6,840 Year 10 10% $ 1,140 The total city abatement over the life of the contract is $62,700. The total county abatement over the life of the contract would be $33,424. Frito Lay will invest $6.5 million in their existing facility, but the project will increase real property value by an estimated $2 million. 407 Regular City Council Meeting November 14, 2002 Page 408 Under the current guidelines, Frito Lay is eligible and meets all the criteria for tax abatement. David Sharp, Market Lubbock, Inc., gave comments. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Cooke to pass Resolution No. 2002-RO498 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (43.) Resolution No. 2002-RO499 giving Notice of Intent to enter into a tax abatement agreement with Wilkerson Investment Co. RESOLUTION NO.2002-RO499 WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Wilkerson Investment Co.; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with Wilkerson Investment Co.; said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 411 E. 661h Street in the City of Lubbock, Lubbock County, Texas and being more particularly described as Lot One (1), Slaton Highway Industrial Park, an addition to the City of Lubbock, Lubbock County, Texas. Passed by the City Council this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Notice is filed with Resolution No. 2002-R0499. The City of Lubbock has received an application for commercial tax abatement from Wilkerson Investments to build a new freight terminal facility for Watkins Motor Lines at the northwest corner of 66ih Street and Elm Avenue (411 East 661h Street) in the Lubbock 2000 South Enterprise Zone. The project meets the Commercial Tax Abatement Policy and Guidelines minimum investment of $250,000. Total investment in the project will be approximately $500,000. This facility will create approximately 2 new jobs over the next 6 to 8 months. Regular City Council Meeting November 14, 2002 Page 409 Market Lubbock considered this application at its October 16, 2002 Board Meeting and have recommended a 5 year, declining scale tax abatement (example: ls` year 100%, 2°d year 80%, etc) for the project. The abatement amount for the City of Lubbock is approximately: Year 1 1009% $2,850 Year 2 90% $2,280 Year 3 80% $1,710 Year 4 700ro $1,140 Year 5 60% $ 570 The estimated total city abatement over the life of the contract is $8,550. The estimated total county abatement over the life of the contract would be $4,558. The project will add $500,000 in new value to the tax base in the South Enterprise Zone. Under the current guidelines, Wilkerson Investment Co. is eligible and meets all the criteria for tax abatement. David Sharp, Market Lubbock, Inc., gave comments. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on Resolution No. 2002-R0499 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (44.) Resolution No. 2002-R0500 nominating Tyco Fire Products, LP for Enterprise Zone Project Designation. RESOLUTION NO.2002-R0500 WHEREAS, Texas Economic Development ("Agency") designated the Lubbock International Airport Enterprise Zone (the "Zone") on January 29, 1998; and WHEREAS, Agency will consider Tyco Fire Products, LP as an enterprise project pursuant to a nomination and an application made by the City of Lubbock, Texas (the "City"); and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Tyco Fire Products, LP has applied to the City for designation as an enterprise zone project; and WHEREAS, the City finds that Tyco Fire Products, LP meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Tyco Fire Products, LP is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty-five percent (25.0%) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals; 2. Tyco Fire Products, LP is located in the Zone, or has made substantial commitment to locate in the Zone, which has an unemployment rate of not less than one and one-half (1 %2) times the state unemployment rate; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and EKG Regular City Council Meeting November 14, 2002 Page 410 4. The designation of Tyco Fire Products, LP as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone. WHEREAS, the City finds that Tyco Fire Products, LP meets the criteria for tax relief on other incentives adopted by the City and nominates Tyco Fire Products, LP on the grounds that it will be located wholly within the Zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interests of the City to nominate Tyco Fire Products, LP as an enterprise project pursuant to the Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that Tyco Fire Products, LP is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate five (5) years after that date of designation. PASSED BY THE CITY COUNCIL of the City of Lubbock this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Richard Burdine Richard Burdine, Assistant City Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney Tyco Fire Products, LP has requested that the City of Lubbock City Council apply to the Texas Department of Economic Development for designation of their business as an Enterprise Zone Project. In order to nominate Tyco for project designation, a resolution has to be passed by the City Council and an application submitted to the Texas Department of Economic Development. This designation allows the company to access state enterprise zone incentives. The project application must be submitted by the governing body of the enterprise zone on behalf of the qualified business. Tyco Fire Products is a manufacturer of fire protection devices such as sprinkler heads, valves, fittings, and plastic piping products. The company's products are used in commercial, residential and industrial applications. Tyco Fire Products operates manufacturing facilities in Lubbock, Texas; Anniston and Huntsville, Alabama along with selling/distribution facilities located in Lubbock, Texas; Dallas, Texas and fifteen other locations around the United States. The company's featured products, sprinkler heads, are currently manufactured in Lubbock, Texas and Lansdale, Pennsylvania. In an effort 410 Regular City Council Meeting November 14, 2002 Page 411 to boost efficiencies and lower costs, the company undertook a plant consolidation study in 2001. Based upon several factors, including cost and availability of labor, logistics, and Tyco's long-standing relationship with the City of Lubbock, it was decided to move all of their Pennsylvania production to Lubbock, Texas. The consolidation of production facilities requires the company to construct a new manufacturing plant. The plant is being constructed in the Lubbock International Airport Enterprise Zone. When completed, the facility will be a 250,000 square foot "state-of-the-art" manufacturing site representing the largest sprinkler head manufacturing facility in the world. The total projected cost of this project is $19,400,000, with the building, building improvements, and miscellaneous equipment costing $13,400,000 and associated move/consolidation costs totaling $6,000,000. Additionally, the company has tentative plans to commit approximately $9,000,000 over the next three years in the way of new capital equipment. The Lubbock facility currently employs 369 employees. The company is projecting that the consolidation project will create 225 additional full- time jobs. Furthermore, it is projected that an additional 100 employees will be added during the five-year designation period. The City can only nominate Tyco Fire Products for project designation. Once the application has been filed, the Texas Department of Economic Development will make a decision whether to grant the project designation. These designations are made on a competitive basis. Market Lubbock, Inc. considered this in their proposal process to Tyco and recommended that the City of Lubbock support the designation of Tyco Fire Products, LP as an Enterprise Zone Project. This project will aid in obtaining the objective of the City, which is to create the proper economic and social environment to induce investment of private resources in productive business enterprises. This project will be the first in the Lubbock International Airport Enterprise Zone. David Sharp, Market Lubbock, Inc., gave comments. Staff recommended approval of this resolution. Motion was made by Council Member Morrison, seconded by Council Member Martin to pass on Resolution No. 2002-RO500 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS Other (45.) Resolution No. 2002-RO501 creating a Student -Community Committee between Texas Tech University and the City of Lubbock. RESOLUTION NO.2002-RO501 WHEREAS, the City Council finds that it is important for the City of Lubbock and Texas Tech University to take actions to foster positive collegiate and community relations; and WHEREAS, the City Council further finds that the creation of a joint committee composed of Lubbock citizens and student members of the Texas Tech Student Government Association to open communications and dialogue in addressing common issues and mutual goals shared by the City and the Student Government Association will benefit both entities; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a temporary joint committee to be called the Student -Community Committee is hereby created. SECTION 2. THAT the Committee shall be composed of eight members, with four to be selected by the Student Government Association and four to be selected by the Mayor of the City of Lubbock. The term of office for the Committee's members shall be 411 Regular City Council Meeting November 14, 2002 Page 412 two years. In addition, a designated representative from the Student Government Association and from the Mayor shall serve as facilitators for meetings and shall mediate any issues that cannot be resolved by Committee members. SECTION 3. THAT the Committee shall meet once a month in locations that alternated between Texas Tech University and the City of Lubbock. The days and times of meetings shall be at the convenience of the Committee. Notice of meetings shall be given in accordance with the Texas Open Meetings Act. SECTION 4. THAT topics for discussion and resolution may be originated by the Student Government Association, the Mayor's office or by committee members. Passed by the City Council this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC McDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Bob Goodwin Bob Goodwin, Corporate Communications Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney On September 17, 2002, representatives of the Texas Tech University Student Association made a presentation to the Lubbock City Council during work session. During that presentation, the creation of a Student - Community Committee to open communication and dialogue among various parties was proposed. Subsequently, the Student Association and Mayor McDougal agreed to the following general framework for the Student -Community Committee. The Student -Community Committee shall be composed of eight members - four selected by the Student Association and four selected by the Mayor. The term of office for the committee members shall be for two years. A designated representative from the Student Association and a designated representative from the Mayor shall serve as facilitators for meetings and they shall mediate any issues that cannot be resolved by committee members. The Student -Community Committee shall convene in public open meetings once a month in locations that alternate between Texas Tech University and the City of Lubbock. Meeting days and times are to be at the convenience of the committee members. Leigh Mauer, Vice President of External Affairs of the Texas Tech Student Association, thanked Mayor McDougal for his interest in this committee and Council for their consideration. Staff recommended approval of this resolution. Motion was made by Council Member Patterson, seconded by Council Member Morrison to pass on Resolution No. 2002-R0501 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was Item 47. EA§W) Regular City Council Meeting November 14, 2002 Page 413 (46.) Resolution No. 2002-RO476 to name the City of Lubbock Emergency Operations Center in honor of William J. "Bill" Payne (William J. "Bill" Payne Emergency Operations Center). RESOLUTION NO.2002-RO476 WHEREAS: William J. "Bill" Payne is a distinguished former City of Lubbock employee who faithfully served the citizens of Lubbock for 38 years beginning as a Fire Fighter in 1952, and holding the positions of Assistant Planner, Director of Civil Defense, Director of Communications, Director of Administrative Services, Interim Assistant City Manager, Director of Building Services, and Director of Communication Services; and, WHEREAS: William J. "Bill" Payne developed the emergency management plan that was in force during the May 11, 1970 tornado, and continues to serve as the foundation for the City of Lubbock's current emergency management plan; and WHEREAS: William J. "Bill" Payne was the Director of Civil Defense for the City of Lubbock during the May 11, 1970 tornado and was instrumental in organizing and leading Lubbock's response and recovery activities for the disaster; and WHEREAS: It is appropriate for the City Council to recognize William J. "Bill" Payne for his outstanding contributions, service and dedication to ensuring the safety of the citizens of our great city; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City Council of the City of Lubbock, Texas, hereby names the City of Lubbock Emergency Operations Center located in the Municipal Square Building at 916 Texas Avenue as the William J. "Bill" Payne Emergency Operations Center. SECTION 2. THAT there shall be a plaque hung outside the Emergency Operations Center with the name, William J. "Bill" Payne Emergency Operations Center, and that it shall also read, "In appreciation and gratitude for 38 years of dedicated service to the citizens of Lubbock, Texas, before, during, and after the tornado on May 11, 1970." SECTION 3. THAT the City Manager, or his designee, shall provide a copy of this Resolution to William J. "Bill" Payne upon its passage. Passed by the City Council on this 14th day of November, 2002. /S/ MARC MCDOUGAL MARC MCDOUGAL, MAYOR ATTEST: /s/ Rebecca Garza Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /s/ Ken Olson Ken Olson, Emergency Management Coordinator APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This was the first item considered. William J. "Bill" Payne is a distinguished former City of Lubbock employee. Bill began his 38-years career with the City as a Lubbock Fire Fighter in 1952, and he held a number of positions during his tenure that greatly benefited our community including Director of Civil Defense, Director of Administrative Services and Interim Assistant City Manager. Bill developed the emergency management plan that was in force during 413 Regular City Council Meeting November 14, 2002 Page 414 the May 11, 1970 tornado, which serves as the foundation for the City of Lubbock's current emergency management plan. In addition, Bill was the Director of Civil Defense during the May 11, 1970 tornado, and he was instrumental in organizing and leading Lubbock's response to and recovery from the disaster. The City of Lubbock is grateful to Bill for his outstanding service and believes it appropriate to recognize this service by naming the Emergency Operations Center (EOC) in his honor. The EOC will be named the William J. "Bill" Payne Emergency Operations Center, and a plaque outside the EOC will read, "In appreciation and gratitude for 38 years of dedicated service to the citizens of Lubbock, Texas, before, during, and after the tornado on May 11, 1970." Council Member Tom Martin read the proclamation concerning the new center. Mr. Payne and his wife, Helen, were present to accept the proclamation. He spoke and expressed his surprise and delight in receiving this honor. Staff recommended approval of this resolution. Motion was made by Council Member Martin, seconded by Council Member Patterson to pass Resolution No. 2002-R0476 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Next item to be considered was Item 10. (47.) Consider one appointment to the Appointments Advisory Board. This item was considered following Item 45. Motion was made by Council Member Cooke, seconded by Council Member Morrison to reappoint George Paul to the Appointments Advisory Board. Motion carried: 6 Yeas, 0 Nays. (48.) Consider one appointment to the Board of Electrical Examiners. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Bobby Little to the Board of Electrical Examiners. Motion carried: 6 Yeas, 0 Nays. (49.) Consider three appointments to the Building Board of Appeals. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Bruce Thornton and reappoint Andrew Hutchison and Andrew Tolbert to the Building Board of Appeals. Motion carried: 6 Yeas, 0 Nays. (50.) Consider three appointments to the Culture & Arts Commission. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Mary Crites and reappoint James Douglass and Don Kittrell to the Culture & Arts Commission. Motion carried: 6 Yeas, 0 Nays. (51.) Consider five appointments to the Planning & Zoning Commission. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Jerry Bell and reappoint Paul Goebel, Marianne Overton, Gary Rothwell and Edward Williams to the Planning & Zoning Commission. Motion carried: 6 Yeas, 0 Nays. (52.) Consider three appointments to the Structural Standards Commission. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint Dennis Dillon, Margaret Aguilar and Bill Cantrell and reappoint Mary Trevino to the Structural Standards Commission. Motion carried: 6 Yeas, 0 Nays. 414 Regular City Council Meeting November 14, 2002 Page 415 (53.) Consider one appointment to the Youth Commission —Adults. Motion was made by Council Member Cooke, seconded by Council Member Morrison to appoint David Pruett to the Youth Commission - Adults. Motion carried: 6 Yeas, 0 Nays. (54.) Consider one appointment to the Arts Alliance, Inc. Grants Review Committee. This item was deleted. (55.) Consider appointments to the Citizen Advisory Committee and Subcommittees. This item was deleted. 10:34 A. M. CITY COUNCIL RECESSED BACK TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present except Council Member Hernandez. 11:30 A. M. CITY COUNCIL WORK SESSION CONVENED EOC, LOTH & Texas Avenue All council members were present except Council Member Hernandez. (56.) Tour of the Emergency Operations Center and briefmg on the functions of the EOC followed by lunch. No Council action was required. 1:20 P. M. CITY COUNCIL WORK SESSION CONTINUED Committee Room 103 All council members were present except Council Member Hernandez. (57.) Discuss City Treasurer position. At its last Council meeting, Council took the initial step, which will result in the reinstitution of the City Treasurer position. Staff was directed to place an item on work session in order that Council might work on a job description for this particular position. Council Member Martin passed out a handout with information as follows: "CREATION OF CITY TREASURER November 14, 2002 SCOPE OF OFFICE: The City Treasurer serves as the Chief Financial Officer of the City. The Treasurer would manage and have responsibility for the following existing city departments, cost centers, functions that will organizationally report to the Treasurer: Finance Investments/Debt Accounting Payroll Purchasing Risk Management/Insurance Internal Audit DUTIES: The City Treasurer serves as the Chief Financial Officer of the City and: i. certifies the availability of funds prior to City Council approval of city commitments ii. processes and monitors disbursements and receivables 415 Regular City Council Meeting November 14, 2002 Page 416 iii. invests city funds iv. conducts internal financial, operational, investigative and compliance audits of city departments, grant programs and franchises V. operates and maintains the financial management and accounting system vi. conducts the sale of bonds and debt instruments vii. purchases goods and services for city departments viii. purchases insurance for city assets, officials, and liabilities ix. purchases, and monitors the administration of, insurance programs for employee health and other benefits X. produces the annual comprehensive financial report. QUALIFICATIONS: The City Treasurer will be a Certified Public Accountant with a Masters degree in Business Administration, or a juris doctor with a CPA, CIA or other relevant certification. The Treasurer should have a minimum of 15 years professional experience in the public or private sector, and a proven track record of managing large financial operations. The Treasurer will have to successfully pass an extensive background investigation. Experience in the electric, natural gas or water utility business will be a Plus." City Manager Bob Cass asked if the individuals mentioned would be employees of the City Manager or the City Treasurer? City Attorney Anita Burgess stated the City Treasurer, City Secretary and City Attorney, are direct reports to the City Council. Each of those positions are recommended by the City Manager, and they then become actual employees of the City Council. But the question is whether people that work for these three individuals actually belong to the City Manager or do they belong to those departments? She stated there has been some divided discussion even in the City Attorney's office; because the Charter specifically says, but for those three other positions, the employees in the City are employees of the City Manager and report to the City Manager. That's one side of the coin. The other side however is the notion that the staff of the City Attorney, or the staff of the City Treasurer, or the staff of the City Secretary are really part of the persona of that person and they couldn't function without that staff. So they are really one and the same. City Attorney Burgess further stated "there's two arguments and I can't say with absolute definity were we to go into litigation, or something such as that regarding this matter, or declaratory judgment action or something such as that, what a court would ultimately decide. I think there's certainly two arguments there." City Manager Bob Cass emphasized he was asking the question mainly for clarity. He and Ms. Burgess had always treated the relationship, as well as Becky Garza, the City Secretary, that those employees are theirs. They make all personnel decisions. Drawing the web, the circle is much larger. You have personnel matters, grievances and those types of things. At some point, clarity is needed regarding those kinds of issues just to make sure the lines of authority are understood. He stated he did not anticipate any problem in terms of territoriality; he just wanted to be certain, especially when getting into employment kinds of issues. Council Member Martin stated as follows: "I think the operative words in this particular thing I have written up here is the first sentence: The City Treasurer serves as the Chief Financial Officer of the City. We have had quite a few discussions at the dais in the last few months about the issues of corporate governance and how this municipal corporation should be governed. And the model in the business world is to have a Chief Executive Officer, that's Mr. Cass. To have a Chief Financial Officer, a 416 Regular City Council Meeting November 14, 2002 Page 417 Chief Legal Officer and in some cases, a Chief Information Officer. That's relatively new in the annals of business. All of which are positions that require the Board of Directors to approve the hiring and firing of those positions. Certainly, the CEO is still responsible for the overall the operation of the corporation. And I think we are saying the same things that we just said a moment ago. I see no conflict with the fact that once appointed by the Council, that the staff of these various functions basically all still are responsible to the Chief Executive Officer. And I think that's what my intent is, is I think the Board of Directors, in this case, the City Council, should have direct control of the appointment of the person who is going to manage and be responsible for our money, our accounting, our auditing, all the things that go into the financial operation of the City. And I just might say one further thing: If we get into this and find out there's some reason why because of the language in the charter that we can't do this, I don't mind calling for a charter election. And let's amend the charter and get it specific if that's a problem about employees of a council directed or a council hired person having direct authority over their employees, if that's a big issue. There's a lot of other issues that I think that might be worthy, but I'm not prepared to discuss those today that might need changing in our charter. And it's been a number years since the charter was last amended. But I simply point out that the overall issues in this particular creation of the City Treasurer is the issue of corporate governance." Mayor McDougal stated he would be appointing a committee of between eight and eleven members that will serve as the City Treasurer search committee. He asked if that was a function of the City Council or a function of the City Manager. After discussion, Mayor McDougal stated that City Manager Cass would work with the search committee in order to make a recommendation to the Council. He also stated the above outline would be mostly what was going to be used, but that City Manager Cass and the committee would fine tune qualifications. Human Resources will be asked to do the legwork. 1:41 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All council members were present. 3:16 P M. CITY COUNCIL RECONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas 3:16 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Mayor McDougal adjourned the meeting. Read and approved thi$ mil day � C CDO GAL, MAYOR ATTEST: Rebecca Garza, City Secreta y 417